Totten v. Estate of Miller

The principal question presented by the record in this case is whether the plaintiff may be denied the right to testify and his testimony wholly excluded under Section 11495, General Code, when such witness and his testimony are offered against an administratrix as a defendant and also against another joint defendant, a banking corporation which does not come within the classes afforded protection by such statute.

The Court of Appeals, according to its opinion, held that since the defendant bank alleged in its answer that the plaintiff had been informed of the state of the books of account of…